Jayathilake vs Abeyweera – SC . APPLICATION NO. 48/2012-2015

In the case between Samarakoon Mudiyanselage Jayathilake (Defendant-Appellant-Petitioner) and Balahinna Arachchige Sarath Abeyweera (Plaintiff-Defendant-Respondent), the court addressed the issue of title to a disputed parcel of land known as “Paranawatte.” The central legal question concerned whether a series of deeds (P1–P4) represented outright transfers or loan transactions. The court held that the transactions constituted valid and genuine transfers of property, rejecting the claim that these instruments were for loans or involved a constructive trust. It was reaffirmed that clear documentary and witness evidence is required to rebut the presumption of outright transfer, citing relevant sections of the Evidence Ordinance and the Trust Ordinance. The decision emphasized that, in the ab